6/26/03 - CONSENT AGREEMENT ISSUED. THE WETLANDS THAT COMPRISE THE DISCHARGE AREA ARE LOCATED ON PROPERTY OWNED BY RESPONDENT. THOSE WETLANDS ARE ADJACENT TO LIMESTONE CREK AND COOPER RUN BRANCH, WHICH ARE TRIBUTARIES OF KNOX CREEK, WHICH FLOWS INTO THE TENNESSEE RIVER. THE DISCHARGE AREA IS LOCATED IN THE SOUTH RIDGE SUBDIVISION II DEVELOPMENT, WHICH LIES ADJACENT TO CAPSHAW ROAD AND NANCE ROAD, AND CAN BE FOUND IN SECTION 21, TOWNSHIP 3 SOUTH, RANGE 2 WEST, NEAR CAPSHAW, IN MADISON COUNTY, AL AND LOCATED NEAR 34 DEGREES 46.260' NORTH LATITUDE AND 86 DEGREES 47.899' WEST LONGITUDE. BASED UPON INFORMATION PROVIDED BY THE U.S. ARMY CORPS OF ENGINEERS (COE), EPA HAS DETERMINED THAT MR. MICHAEL LAWSON AND/OR BRIAN HOMES, INC. (RESPONDENTS) AND/OR THOSE ACTING ON BEHALF OF OR WITH PERMISSION FROM THE RESPONDENTS, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO APPROX 1.93 ACRES OF WETLANDS DURING MECHANIZED LAND CLEARING ACTIVITES AND SIDE CASTING OF DREDGED AND/OR FILL MATERIAL AND PLACING DREDGED AND/OR FILL MATERIAL WITHOUT A CWA PERMIT AT THE DISCHARGE AREA.
AGREEMENT REQUIRES:
(1) RESPONDENTS SHALL PRESERVE LOTS 30-34 IN THE SUBDIVISION KNOWN AS SOUTHRIDGE SUBDIVISION II BY PLACING A CONSERVATION EASEMENT ON THESE LOTS WITHIN 30 DAYS;
(2) RESPONDENTS SHALL APPLY TO THE COE FOR AN AFTER-THE-FACT PERMIT FOR THE FILL REMAINING IN PLACE IN THE WETLANDS ASSOCIATED WITH CONSTRUCTION OF THE ROADS AND FOR ALL FUTURE IMPACTS NEEDED TO COMPLETE THIS PROJECT. RESPONDEN